Friday, June 23

Worth a read this weekend...

A must read is Prof. Paul Mullens' (Monash U) lecture notes on 'Persistent and Abnormal Claiming and Complaining'

This is one of the few works in the area of persistant litigants.

In a previous post I attempted an anecdotal description of a Quer·u·lant ['kwer-(y)-lent' - abnormally given to suspicion and accusation].

Recently, more querulous behaviour is presenting at health sector mediations I'm involved in.

Paul Mullens categorises claimants as:


THE NORMAL CLAIMANT
>Aggrieved
>Seeking legitimate redress
>Able to negotiate and accept reasonable arbitration


THE DIFFICULT CLAIMANT
>Aggrieved
>Sense of being victimised
>Over-optimistic expectations of compensation
>Difficult to negotiate with and rejecting of all but their estimation of a just settlement
>Though persistent, demanding and occasionally threatening will ultimately settle albeit still complaining of injustice

THE QUERULOUS CLAIMANT
>Excessively preoccupied with supposed transgression (on a quest) - obsessive and pedantic concern with detail
>Focus more on the "principle" and on injustice than on substantial nature of supposed injury
>Seek vindication and retribution not just compensation and reparation
>Inflexible and rigid at one level, constantly adding to and refraining grievances at another level
>Grievance continues to grow, often recruiting those who attempt to arbitrate to the objects of resentment and even litigation
>Disproportionate and inappropriate anger
>Themes of being victimised, being ignored, being lied to, being fobbed off, being humiliated
...read more

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